Rahul Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27349 of 2020 Arising Out of PS. Case No.-205 Year-2019 Thana- RAJAPAKAR District- Vaishali ====================================================== Rahul Kumar Son of Asarfi Lal Singh Resident of Village- Jhitkahiyan, O.P.- Belsar, P.S.- Vaishali, District- Vaishali.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rama Kant Sharma, Sr. Adv.
Dr. Bipin Chandra, Adv.
For the Opposite Party/s :
Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 08-02-2021 Heard learned Senior Counsel for the petitioner and learned A.P.P. for the State.
The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Rajapakar P.S. Case No. 205 of 2019, registered under sections 302, 120B and 201 of the of Indian Penal Code. As per allegation in the F.I.R, it is stated by the informant that his mother was regularly in touch with the petitioner who was a regular visitor to his place in absence of his father. It is stated that his mother had given a good sum of money to him which on request, he was not returning. It is further stated that his mother disappeared and subsequently her dead body was discovered and that he is convinced that the petitioner is
Patna High Court CR. MISC. No.27349 of 2020(3) dt.08-02-2021 2/3 involved in her murder.
It is submitted by learned Senior Counsel appearing for the petitioner that from perusal of the allegations made in the F.I.R., except an unsubstantiated suspicion raised against this petitioner there is no material against him. There is no eye witness to the occurrence nor has any material transpired in course of investigation to connect the petitioner with the alleged suspicion/crime raised by the informant. The petitioner has no criminal antecedent.
The application for bail is opposed by learned APP for the State.
Case diary called for in the case has been received. Having heard learned counsel for the parties and taking into consideration the submissions made on behalf of the petitioner together with the material that has transpired in course of investigation, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of six weeks from today and in the event of his arrest or surrender in connection with Rajapakar P.S. Case No. 205 of 2019, he will be enlarged on bail on furnishing bail bond of Rs 10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M.
Patna High Court CR. MISC. No.27349 of 2020(3) dt.08-02-2021 3/3 Vaishali at Hajipur, subject to the conditions as laid down in section 438(2) of the Code of Criminal Procedure. (Partha Sarthy, J) Bibhash/- U T